PR Application Question

[Coopero]

Hi I am in the process of trying to sponsor my fiance for Permanent Residency.

She has been in Canada now for about 5 years, initially started on holiday visa and then a student visa / work visa.

My question is would we qualify as being common law. We have lived together now for over 2 years (relationship 4 years), but the problem is my fiance goes back home to Taiwan to visit family every summer for 1-2 months.

In 2015 she went back for medical reasons ( to have surgery, for 5 weeks ) and in 2016 she went back to help take care of her grandmother after she had surgery, for 2 months.

Would this break the requirement of having to live together for 12 months?

Any insight or advice is appreciated.

Thank you,

 

[canadianwoman]

Yes, it probably breaks it.
Have you ever lived together for 12 continuous months? Once you have, then you two can be apart for short periods of time, and if you maintain the relationship, CIC is fine with it.

If you have not yet spent 12 continuous months living together, then the breaks you mentioned are probably too long. They might not be - this is up to the visa officer, but to apply as common-law with a two-month break definitely would be a waste of time and money. The five-week break probably as well.

I would start counting your 12 months from the last time she entered Canada. This time, if she goes back to Taiwan for the summer, go with her - traveling together can count as part of the 12 months. Just make sure you have solid proof you were together during that time.

If you can't go with her, she should postpone her visit until the 12 months are up. If she can't, you could get married.